1. How long can a lawyer meet the suspect?
1. For ordinary criminal cases, China's Criminal Procedure Law stipulates that the detention center shall arrange a meeting in time, which shall not exceed 48 hours at the latest.
In the process of investigation, if the defense lawyer requests to meet with the criminal suspect in custody in the case of crimes endangering national security and terrorist activities, and applies to the investigation organ, the investigation organ shall promptly review the case according to law, and shall not arbitrarily explain and expand the scope of these two types of cases and restrict the lawyer's meeting. For criminal cases endangering national security and terrorist activities, the case-handling department shall, within 48 hours after receiving the application, report to the person in charge of the public security organ at or above the county level for approval, and make a decision on approval or disapproval. Except in cases that hinder the investigation or may reveal state secrets, a decision on permission shall be made.
2. What are the preparation materials for the lawyer's meeting?
1. power of attorney;
2. Official letter from law firm;
3. Special letter of introduction for lawyers to meet with criminal suspects and defendants;
4. A copy of the client's ID card;
5. Household registration book or marriage certificate or proof of kinship;
6. Lawyer's practice certificate.
3. What are the contents of the lawyer's meeting?
Meeting with lawyers refers to an activity in which lawyers listen to the opinions and excuses of criminal suspects or defendants on alleged crimes and related cases in order to better provide legal help to criminal suspects and better defend them. Lawyers' associations are based on different departmental laws and regulations, and their meanings are different. The criminal procedure law stipulates that the purpose of lawyer meeting is to protect the litigation rights of criminal suspects and defendants, which embodies a legal system. The Lawyers Law stipulates that lawyers' meeting is a right, and emphasizes lawyers' right to meet criminal suspects and defendants according to law.
4. Requirements for lawyers to meet with criminal suspects?
In most countries, lawyers can freely meet with criminal suspects during detention and arrest, including:
1. Lawyers can meet with criminal suspects directly and independently without the approval or consent of investigators, who are not present;
2. The frequency and time for lawyers to meet with criminal suspects are not restricted by investigators, and are completely decided by lawyers according to their own time. Because criminal suspects have the right to silence, it is better to meet with lawyers than with investigators;
The first meeting between lawyer and criminal suspect is usually arranged by police investigators. The meeting place is generally an independent and closed room, and the investigators are not present, so recording or monitoring equipment cannot be used.
Lawyers talk to criminal suspects face to face, without glasses or telephone. Lawyers meet criminal suspects in detention centers and other places, and detention centers provide places with the same conditions and requirements as those for meeting after prosecution, that is, separate rooms, face-to-face conversations, no phone calls and no listening;
4. Lawyers can talk about the case and give guidance, including telling suspects to keep silent, and there are no restrictions on what they talk about when meeting suspects. Let the criminal suspect remain silent or cooperate with the investigators for interrogation, and how to cooperate.
To sum up, there are legal provisions for lawyers to meet with criminal suspects, especially in terms of time, which generally cannot exceed 48 hours. Moreover, it is necessary to follow the procedures prescribed by law and submit relevant documents at the same time, so it is reasonable and legal for lawyers to meet.